Faith and the State

Maharashtra Anti-Conversion Law has kicked up a lively debate over enforcement, intent and individual freedom.

In a major step, the Maharashtra Assembly recently passed the Freedom of Religion Bill 2026. The move, which has engendered much debate, aims to stop religious conversions done through force, fraud, tricks or marriage. The legislation was passed amid strong protests from the Opposition benches. With it, Maharashtra is set to become the 12th Indian state with such a law once it is approved in the Legislative Council and gets the Governor’s assent.

Let us first understand what this law is all about. An anti-conversion law does not stop people from changing their religion. Instead, it stops people from being forced or tricked into changing their religion. Think of it this way — if someone threatens you, lies to you, or gives you money to leave your religion, that is wrong. An anti-conversion law seeks to prevent religious conversion that occurs through pressure, deception, financial incentives, or marriage-related inducements, while allowing voluntary conversion carried out without pressure. This is not a novel idea.

Anti-conversion laws in India go back many decades. Even during British rule, some large states had rules to protect people from forced conversions. After Independence, different states slowly started making their own such laws. As of today, India had 11 states with anti-conversion laws before Maharashtra joined the list — Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Uttarakhand, Uttar Pradesh, Haryana, and Karnataka.

Stringent Rules

There is no single central law in India on this subject. Each state makes its own rules. In 1977, the Supreme Court of India also confirmed that such state laws are constitutional and do not go against the Indian Constitution Those involved in unlawful conversions on the pretext of marriage will be punished with imprisonment of seven years and shall also be liable for a fine of Rs 1 lakh. Violations in respect of a minor, a person of unsound mind, a woman, or a person belonging to the Scheduled Caste and Scheduled Tribe will be punished with imprisonment of seven years and a fine of Rs 5 lakh. Mass conversions will have a jail term of seven years and a fine of Rs 5 lakh. Repeat offenders can get a jail sentence of 10 years and a fine of Rs 5 lakh The law also has an important step before conversion: one of the most debated provisions in the bill is the requirement that individuals seek prior permission or give 60 days’ advance notice before conversion.

This means a person who wants to change their religion must inform the government in advance. After conversion, the individual may also be required to appear before officials to confirm that the decision was voluntary. If a conversion is challenged, the person facilitating or accused must prove it was not illegal — this shifts the burden from the complainant to the accused. Government sources said the Constitution of India grants every citizen the fundamental right to freedom of religion, including the right to freely practise, propagate and teach one’s religion. However, there has been an increase in incidents of unauthorised religious conversions in Maharashtra.

These involve physical, mental or emotional pressure on vulnerable individuals, including threats of divine displeasure, promises of material benefits, or exploitation through the institution of marriage.

Chief Minister Devendra Fadnavis noted that Article 25 of the Indian Constitution grants every citizen the right to freedom of religion — the right to profess, practice, and propagate one’s faith.

However, converting someone through fraud, pressure, force, or temptation is inherently wrong, making this law necessary to curb such incidents. Minister Nitesh Rane said the proposed law would be stricter and more effective than similar anti-conversion laws in states such as Madhya Pradesh and Gujarat. Not everyone in the Maharashtra Assembly agreed on this bill. The Shiv Sena (UBT) backed the bill while the Congress, NCP(SP) and Samajwadi Party opposed it. Outside the Assembly, many groups also raised their voice. The Bombay Archdiocese and more than 30 civic organizations publicly opposed the legislation before its passage, calling it an assault on India’s constitutional guarantees of religious freedom.

Fears and Concerns

Critics argue that the law might be misused to target minorities. Christian leaders and opposition politicians criticized the move, claiming the draft law could become a tool to oppress and target Muslims and Christians, accusing them of converting Hindus. Some critics also pointed out a practical problem of the government for failing to provide statistical or empirical evidence of a surge in religious conversions or interfaith marriages, arguing that existing laws already punish cases of coercion or fraud if they occur.

The passed draft law will become a full law once it is approved by the state’s Legislative Council and signed by the state Governor. Maharashtra is a large and diverse state. It is home to people of many religions — Hindus, Muslims, Christians, Buddhists, Jains, and others — who have lived together for centuries. A law like this touches the lives of everyone, no matter their religion.

Its supporters say the law protects the weak from being cheated or pressured in matters of faith. Critics say it could be misused to harass innocent people, especially those from minority communities or couples in interfaith relationships. What is clear is that this law has started a very important conversation about religion, freedom, protection, and the role of government in personal life.

(The writer is a political observer. Views personal.)